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2013 DAILYLAW 560 (ORI)

STATE POLLUTION CONT v. HEALING TOUCHES HOSP

CRLLP/158/2013 · 2026-03-05

S K Panigrahi

body2013

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLLP No. 158 of 2013 State Pollution Control Board, Odisha ..…... Petitioner(s) Mr. Sushanta Ku. Mishra, Adv. -Versus- M/s. Healing Touches Hospital & Nursingh Home & Anr. ……. Opposite Party (s) CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 05.03.2026 Order No. 05. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. 3. This application has been filed at the instance of the SPCB under Section 378(1) and (3) of the Cr.P.C. for granting leave to file appeal against the judgment of acquittal dated 26.07.2013 delivered in 2(c)CC No.213 of 2007 by the learned Sub Divisional Judicial Magistrate, Sambalpur. 4. During the course of hearing, learned counsel for the Petitioner invited the Court’s attention to the inspection report of M/s. Healing Touch Hospital Nursing Home, which is filed in Court today. The contents of the said inspection report is extracted herein below: Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 07-Mar-2026 15:25:45 Signature Not Verified 2 “M/s. Healing Touch Hospital Nurnsingh Home, At/Po. Modipada, Dist. Sambalpur was inspected on 02.03.2026 in connection with operational status of the unit. No one present at the site during the day of inspection. The Nursing Home has been closed since 2012, and the proprietor, Dr. A.K. Singhal, passed away on 06.05.2021 as the information collected people residing adjacent to the Nursingh Home. There was no existence in the unit on the above locations at present. The Nursingh home already sold to another person as reported by the neighbour of the Nursingh Home during the day of inspection.” 5. In view of the above, this Court is of the view that, since the Opposite Party/Nursing Home has been closed since 2012 and the proprieter of the said Nursing Home named Dr. A.K. Singhal died on 06.05.2021, no useful purpose will be served by granting leave to file appeal. 6. Accordingly, leave is not granted to the Petitioner/State Pollution Control Board, Odisha to file appeal. 7. The CRLLP is dismissed, accordingly. ( Dr. Sanjeeb K Panigrahi) Judge Murmu